Florida 2025 Regular Session

Florida Senate Bill S0160 Latest Draft

Bill / Engrossed Version Filed 03/19/2025

 CS for SB 160  First Engrossed 2025160e1 1 A bill to be entitled 2 An act relating to public accountancy; amending s. 3 473.301, F.S.; making a technical change regarding the 4 purpose of ch. 473, F.S.; amending s. 473.302, F.S.; 5 deleting the definition of the term Uniform 6 Accountancy Act; amending s. 473.3035, F.S.; 7 authorizing the Board of Accountancy to competitively 8 procure contracted services with certain corporations 9 not for profit for the performance of certain duties 10 assigned to the Division of Certified Public 11 Accounting of the Department of Business and 12 Professional Regulation; authorizing the board to 13 rescind such contracted services at any time by a 14 majority vote; amending s. 473.306, F.S.; conforming a 15 cross-reference; making a technical change; amending 16 s. 473.308, F.S.; revising the education and work 17 experience requirements for a certified public 18 accountant license; directing the board to prescribe 19 specified coursework for licensure; revising 20 requirements for licensure by endorsement; revising 21 requirements for licensure of international 22 applicants; deleting obsolete language; amending s. 23 473.312, F.S.; revising requirements for the approval 24 of providers who administer continuing education on 25 ethics for certified public accountants; requiring the 26 board to give preference to certain providers; 27 amending s. 473.3141, F.S.; revising requirements for 28 certified public accountants licensed in another state 29 or a territory of the United States to practice in 30 this state without obtaining a license; reenacting s. 31 473.311(1)(b), F.S., relating to renewal of license, 32 to incorporate the amendment made to s. 473.312, F.S., 33 in references thereto; providing effective dates. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1.Section 473.301, Florida Statutes, is amended to 38 read: 39 473.301Purpose.The Legislature recognizes that there is a 40 public need for independent and objective certified public 41 accountants and that it is necessary to regulate the practice of 42 public accounting to assure the minimum competence of 43 practitioners and the accuracy of audit statements upon which 44 the public relies and to protect the public from dishonest 45 practitioners and, therefore, deems it necessary in the interest 46 of public welfare to regulate the practice of public accountancy 47 in this state. 48 Section 2.Subsection (9) of section 473.302, Florida 49 Statutes, is amended to read: 50 473.302Definitions.As used in this chapter, the term: 51 (9)Uniform Accountancy Act means the Uniform Accountancy 52 Act, Eighth Edition, dated January 2018 and published by the 53 American Institute of Certified Public Accountants and the 54 National Association of State Boards of Accountancy. 55 56 However, these terms shall not include services provided by the 57 American Institute of Certified Public Accountants or the 58 Florida Institute of Certified Public Accountants, or any full 59 service association of certified public accounting firms whose 60 plans of administration have been approved by the board, to 61 their members or services performed by these entities in 62 reviewing the services provided to the public by members of 63 these entities. 64 Section 3.Subsection (1) of section 473.3035, Florida 65 Statutes, is amended to read: 66 473.3035Division of Certified Public Accounting. 67 (1)All services concerning this chapter, including, but 68 not limited to, recordkeeping services, examination services, 69 legal services, and investigative services, and those services 70 in chapter 455 necessary to perform the duties of this chapter 71 are shall be provided by the Division of Certified Public 72 Accounting. The board may, by majority vote, delegate a duty or 73 duties to the appropriate division within the department or 74 competitively procure contracted services pursuant to part I of 75 chapter 287 for the performance of such duties, except for 76 investigative services. All such contracted services must be 77 fulfilled by corporations organized under chapter 617. The board 78 may, by majority vote, rescind any such delegation of duties or 79 contracted services at any time. 80 Section 4.Effective January 1, 2026, subsection (3) of 81 section 473.306, Florida Statutes, is amended, and subsection 82 (4) of that section is republished, to read: 83 473.306Examinations. 84 (3)An applicant is entitled to take the licensure 85 examination to practice in this state as a certified public 86 accountant if: 87 (a)The applicant has completed 120 semester hours or 180 88 quarter hours from an accredited college or university with a 89 concentration in accounting and business courses as prescribed 90 specified by the board by rule; and 91 (b)The applicant shows that she or he has good moral 92 character. For purposes of this paragraph, the term good moral 93 character has the same meaning as provided in s. 473.308(6)(a) 94 s. 473.308(7)(a). The board may refuse to allow an applicant to 95 take the licensure examination for failure to satisfy this 96 requirement if: 97 1.The board finds a reasonable relationship between the 98 lack of good moral character of the applicant and the 99 professional responsibilities of a certified public accountant; 100 and 101 2.The finding by the board of lack of good moral character 102 is supported by competent substantial evidence. 103 104 If an applicant is found pursuant to this paragraph to be 105 unqualified to take the licensure examination because of a lack 106 of good moral character, the board must shall furnish to the 107 applicant a statement containing the findings of the board, a 108 complete record of the evidence upon which the determination was 109 based, and a notice of the rights of the applicant to a 110 rehearing and appeal. 111 (4)The board shall have the authority to establish the 112 standards for determining and shall determine: 113 (a)What constitutes a passing grade for each subject or 114 part of the licensure examination; 115 (b)Which educational institutions, in addition to the 116 universities in the State University System of Florida, shall be 117 deemed to be accredited colleges or universities; 118 (c)What courses and number of hours constitute a major in 119 accounting; and 120 (d)What courses and number of hours constitute additional 121 accounting courses acceptable under s. 473.308(4). 122 Section 5.Effective January 1, 2026, subsections (4) 123 through (10) of section 473.308, Florida Statutes, are amended 124 to read: 125 473.308Licensure. 126 (4)(a)An applicant for licensure must do at least one of 127 the following: 128 1.Complete have at least 150 semester hours of college 129 education, including a baccalaureate or higher degree conferred 130 by an accredited college or university, with a concentration in 131 accounting and business as prescribed by the board in the total 132 educational program to the extent specified by the board. 133 2.Hold a masters degree in accounting or finance 134 conferred by an accredited college or university with a 135 concentration in accounting and business as prescribed by the 136 board. 137 3.Hold a baccalaureate degree in accounting or finance 138 conferred by an accredited college or university with a 139 concentration in accounting and business as prescribed by the 140 board. 141 4.Hold a baccalaureate degree in any major course of study 142 conferred by an accredited college or university and have 143 completed coursework required for a concentration in accounting 144 and business as prescribed by the board. 145 (b)The board shall prescribe the coursework required for a 146 concentration in accounting and business. The board may deem an 147 applicant to have satisfied requirements for such coursework if 148 the applicant receives a baccalaureate or higher degree in 149 accounting or finance conferred by an accredited college or 150 university in a state or territory of the United States. An 151 applicant receiving a baccalaureate or higher degree with a 152 major course of study other than accounting or finance must 153 complete the coursework required for a concentration in 154 accounting and business as prescribed by the board. 155 (5)(a)An applicant for licensure who completes the 156 education requirements under subparagraph (4)(a)1. or 157 subparagraph (4)(a)2. after December 31, 2008, must show that he 158 or she has had 1 year of work experience. An applicant who 159 completes the education requirements under subparagraph (4)(a)3. 160 or subparagraph (4)(a)4. must show 2 years of work experience. 161 (b)Such work This experience includes shall include 162 providing any type of service or advice involving the use of 163 accounting, attest, compilation, management advisory, financial 164 advisory, tax, or consulting skills, all of which must be 165 verified by a certified public accountant who is licensed by a 166 state or territory of the United States. This experience is 167 acceptable if it was gained through employment in government, 168 industry, academia, or public practice; constituted a 169 substantial part of the applicants duties; and was verified by 170 a certified public accountant licensed by a state or territory 171 of the United States. The board shall adopt rules specifying 172 standards and providing for the review and approval of the work 173 experience required by this subsection section. 174 (b)However, an applicant who completed the requirements of 175 subsection (4) on or before December 31, 2008, and who passes 176 the licensure examination on or before June 30, 2010, is exempt 177 from the requirements of this subsection. 178 (6)(a)An applicant for licensure must shall show that he 179 or she the applicant has good moral character. For purposes of 180 this paragraph, the term 181 (7)(a)good moral character means a personal history of 182 honesty, fairness, and respect for the rights of others and for 183 the laws of this state and nation. 184 (b)The board may refuse to certify an applicant for 185 failure to satisfy this requirement if: 186 1.The board finds a reasonable relationship between the 187 lack of good moral character of the applicant and the 188 professional responsibilities of a certified public accountant; 189 and 190 2.The finding by the board of lack of good moral character 191 is supported by competent substantial evidence. 192 (c)When an applicant is found to be unqualified for a 193 license because of a lack of good moral character, the board 194 shall furnish to the applicant a statement containing the 195 findings of the board, a complete record of the evidence upon 196 which the determination was based, and a notice of the rights of 197 the applicant to a rehearing and appeal. 198 (7)(8)The board shall certify as qualified for a license 199 by endorsement an applicant who: 200 (a)Is not licensed and has not been licensed in any state 201 or territory and who has met the requirements of this section 202 for education, work experience, and good moral character and has 203 passed a national, regional, state, or territorial licensing 204 examination that is substantially equivalent to the examination 205 required by s. 473.306; or 206 (b)1.holds an active a valid license in good standing to 207 practice public accounting issued by another state or a 208 territory of the United States, if the applicant has maintained 209 good moral character and, at the time of licensure by such other 210 state or territory, the applicant was required to show evidence 211 of having obtained at least a baccalaureate degree from an 212 accredited college or university and having passed the Uniform 213 CPA Examination criteria for issuance of such license were 214 substantially equivalent to the licensure criteria that existed 215 in this state at the time the license was issued; 216 2.Holds a valid license to practice public accounting 217 issued by another state or territory of the United States but 218 the criteria for issuance of such license did not meet the 219 requirements of subparagraph 1.; has met the requirements of 220 this section for education, work experience, and good moral 221 character; and has passed a national, regional, state, or 222 territorial licensing examination that is substantially 223 equivalent to the examination required by s. 473.306; or 224 3.Holds a valid license to practice public accounting 225 issued by another state or territory of the United States for at 226 least 10 years before the date of application; has passed a 227 national, regional, state, or territorial licensing examination 228 that is substantially equivalent to the examination required by 229 s. 473.306; and has met the requirements of this section for 230 good moral character. 231 (8)(9)An international applicant who seeks licensure as a 232 certified public accountant in this state must do at least one 233 of the following: 234 (a)Hold an active license in good standing to If the 235 applicant has at least 5 years of experience in the practice of 236 public accountancy in the United States or in the practice of 237 public accountancy or its equivalent in a foreign country that 238 the International Qualifications Appraisal Board of the National 239 Association of State Boards of Accountancy has determined has 240 licensure standards that are substantially equivalent to those 241 in the United States, or has at least 5 years of work experience 242 that meets the requirements of subsection (5), the board must 243 waive the requirements of subsection (4) which are in excess of 244 a baccalaureate degree. All experience that is used as a basis 245 for waiving the requirements of subsection (4) must be while 246 licensed as a certified public accountant by another state or 247 territory of the United States or while licensed in the practice 248 of public accounting, accountancy or its equivalent, in a 249 foreign country that the International Qualifications Appraisal 250 Board of the National Association of State Boards of Accountancy 251 has determined has licensure standards equal that are 252 substantially equivalent to those in the United States and has 253 passed an exam pursuant to s. 473.306(5). 254 (b)Hold an active license in good standing to practice 255 public accounting, or its equivalent, in a foreign country that 256 the International Qualifications Appraisal Board of the National 257 Association of State Boards of Accountancy has not determined 258 has licensure standards equal to those in the United States and 259 has met the requirements for education, work experience, and 260 good moral character under subsections (4), (5), and (6) and has 261 passed the Uniform CPA exam. The board shall have the authority 262 to establish the standards for experience that meet this 263 requirement. 264 (9)(10)The board may refuse to certify for licensure any 265 applicant who is under investigation in another state for any 266 act that would constitute a violation of this act or chapter 267 455, until such time as the investigation is complete and 268 disciplinary proceedings are have been terminated. 269 Section 6.Paragraph (c) of subsection (1) of section 270 473.312, Florida Statutes, is amended to read: 271 473.312Continuing education. 272 (1) 273 (c)At least Not less than 5 percent of the total hours 274 required by the board must shall be in ethics applicable to the 275 practice of public accounting. This requirement shall be 276 administered by providers approved by the board, and a majority 277 of the hours must shall include a review of the provisions of 278 chapter 455 and this chapter and the related administrative 279 rules. Such requirement must be administered by reputable 280 providers determined by the board. The board shall give 281 preference to corporations not for profit organized under 282 chapter 617 who are exempt from taxation under s. 501(c)(6) of 283 the Internal Revenue Code and who demonstrate their experience, 284 integrity, knowledge, practice, professional responsibility, and 285 representation of the largest numbers of certified public 286 accountants in this state. 287 Section 7.Effective January 1, 2026, subsections (1) and 288 (3) of section 473.3141, Florida Statutes, are amended to read: 289 473.3141Certified public accountants licensed in other 290 states. 291 (1)Except as otherwise provided in this chapter, An 292 individual who holds an active license in good standing to 293 practice public accounting in another state or a territory of 294 the United States and who does not have an office in this state 295 has the privileges of Florida certified public accountants and 296 may provide public accounting services in this state without 297 obtaining a license under this chapter or notifying or 298 registering with the board or paying a fee if, at the time of 299 licensure by such other state or territory, the individual was 300 required to show evidence of having obtained at least a 301 baccalaureate degree and having passed the Uniform CPA 302 Examination: 303 (a)Holds a valid license as a certified public accountant 304 from a state that the board or its designee has determined by 305 rule to have adopted standards that are substantially equivalent 306 to the certificate requirements in s. 5 of the Uniform 307 Accountancy Act in the issuance of licenses; or 308 (b)Holds a valid license as a certified public accountant 309 from a state that has not been approved by the board as having 310 adopted standards in substantial equivalence with s. 5 of the 311 Uniform Accountancy Act, but obtains verification from the 312 board, or its designee, as determined by rule, that the 313 individuals certified public accountant qualifications are 314 substantially equivalent to the certificate requirements in s. 5 315 of the Uniform Accountancy Act. 316 317 The board shall define by rule what constitutes an office. 318 (3)An individual certified public accountant from another 319 state or a territory of the United States who practices pursuant 320 to this section, and the firm that employs that individual, must 321 shall both consent, as a condition of the privilege of 322 practicing in this state: 323 (a)To the personal and subject matter jurisdiction and 324 disciplinary authority of the board; 325 (b)To comply with this chapter and the applicable board 326 rules; 327 (c)That if the individuals license as a certified public 328 accountant from another the state or a territory of the United 329 States becomes invalid of the individuals principal place of 330 business is no longer valid, the individual must will cease 331 offering or rendering public accounting services in this state, 332 individually and on behalf of a firm; and 333 (d)To the appointment of the state board that issued the 334 individuals license as the agent upon whom process may be 335 served in any action or proceeding by the board or department 336 against the individual or firm. 337 Section 8.For the purpose of incorporating the amendment 338 made by this act to section 473.312, Florida Statutes, in 339 references thereto, paragraph (b) of subsection (1) of section 340 473.311, Florida Statutes, is reenacted to read: 341 473.311Renewal of license. 342 (1) 343 (b)A nonresident licensee seeking renewal of a license in 344 this state shall be determined to have met the continuing 345 education requirements in s. 473.312, except for the 346 requirements in s. 473.312(1)(c), if the licensee has complied 347 with the continuing education requirements applicable in the 348 state in which his or her office is located. If the state in 349 which the nonresident licensees office is located has no 350 continuing education requirements for license renewals, the 351 nonresident licensee must comply with the continuing education 352 requirements in s. 473.312. 353 Section 9.Except as otherwise expressly provided in this 354 act, this act shall take effect July 1, 2025.